Smt. Turab Unnisa Begum And Another v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11257 OF 2022 Between:

1. Smt. Turab Unnisa Begum Wio Syed Mohsin Ali

2. Syed Mohsin Ali, S/o Late Syed Asghar All are F/o H. No. 17- 6- 207 Sunar Lane, Dabeerpura, Hyderabad. ...PETITIONER/ACCUSED 2 & 3 AND 1.

The State of Telangana Represented by its Public Prosecutor Hi$h Court, Hyderabad Smt. Marzia Fatima, Wo Syed Mohammed Hasan Ali, Aged 22 years, Occ Housewife, R/o H. No. 22- 3- 947123, MC Ddbeerpura, Hyderabad. ...RESPONDENT/DEFACTO COM PLAI NANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [t4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C. C. No. 3160/2022 on the file of XV Additional Chief lt4etropolitan Magistrate at Hyderabad against the Petitioners / Accused 2 and 3 in the interest of justice.

l.A. NO: 2OF 2022 Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the Petitioners / Accused 2 and 3 in C. C. No. 3160/2022 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad pending disposal of the main Criminal Petition, in the interest of justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SYED NAJMUL HASSAN BAQRI ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of none appeared for the Respondent No. 2.

The Court made the following: ORDER

crl.Petition No.11257 ol 2022 THE HO]'IOURABLE SRI JUSTICE K.SURENDER CRIM INAL PETITION No.11257 OF 2022

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners who are accused Nos.2 and 3 to quash the proceedings against them in C.C.No.3160 of 2022 pending on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad. The olfences alleged against them are under Sections 498-4, 406, 506, 506 of Indian Penal Code (for short "IPC') and Section 4 and 6 of Dowry Prohibition Act. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3.

The facts of the case is that the 2nd respondent-de facto complainant was married to accused No.1 on 25.06.2021 and at the time of marriage, certain dowry waS given to accused No.1. ( t Thereafter, accused No.1 and his family members started harassing complainant by demanding additional dowry.

4.

Thus, having regard to the facts and circumstances of the case, the attendance of the petitioners lu.'s.1 and 2 herein - l

Crl.Petition No.17257 ol 2022 Accused Nos.2 and 3 therein is dispensed with in C.C.No.3160 of 2022 pending on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against them are under Sections 498-A, 406, 506, 506 of Indian Penal Code (for short "IPC') and Section 4 and 6 of Dowry Prohibition Act, when represented by their counsel on record. The attendance of the petitioners is dispensed subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the Court -directs, this order dispensing their attendance would stand cancelled.

5.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. Sd/. L. SIVA PARVATHI ASSISTANT REGISTRAR ./ \, SECTION OFFICER ,TRUE COPY// j To,

1. The XV Additional Chief Metropolitan Magistrate at Hyderabad.

2. The Station House Officer, Women police Station, South Zone, Hyderabad.

3. Two ccs to the Public prosecutor, High court for the state of rerangana at Hyderabad. [OUT]

4. One CC to SRl. SYED NAJMUL HASSAN BAQRI Advocate [OpUC] / 5. -fwo CD Copies

HIGH COURT KS, J DATED: 16112t2022 ,:J, ,'

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ORDER

CRLP.No.11257 of 2022 Disposing of thc Criminal Petition ,/-.

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